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    The proposal provides the name of Subcontractor and Supplies... If a proposal lists Intracompany Work Orders/Agreements, are these considered subcontracts/subcontractors as well?


    Answer

    It sounds like you are in the middle of a source selection or negotiation, which means that you should be having discussions with your contractor.  There is only one good answer to your question…Ask the contractor whether their Intracompany relationships are considered subcontractors or whether they are covered under the prime contractor.  Do not wait until you are on contract to have this discussion.  The FAR and DFARS does not have one definition of a subcontractor; instead there are various definitions that apply in different clauses.  There is no definition of subcontractor in the Earned Value clause, so you will have to look at how the company structure's its business and discuss the applicability of the clause in this context.  As long as it's common, auditable business practice to consider Intracompany Work Orders/Agreements as subcontractors, then this seems reasonable.  You should also check with your DMCA representative.  
     
    DFAR 252.234-7002
    (k) With the exception of paragraphs (i) and (j) of this clause, the Contractor shall require its subcontractors to comply with EVMS requirements as follows:
    (1) For subcontracts valued at $50 million or more, the following subcontractors shall comply with the requirements of this clause:
    [Contracting Officer to insert names of subcontractors (or subcontracted effort if subcontractors have not been selected) designated for application of the EVMS requirements of this clause.]
     
     
     
     
    (2) For subcontracts valued at less than $50 million, the following subcontractors shall comply with the requirements of this clause, excluding the requirements of paragraph (c) of this clause:
    [Contracting Officer to insert names of subcontractors (or subcontracted effort if subcontractors have not been selected) designated for application of the EVMS requirements of this clause.]

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